Greenwood v. Trigg, Dobbs & Co.
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill to redeem mortgaged land by the firm of Trigg, Dobbs & Co. against H. B. Greemvood, Sara E. Greenwood, and Thomas A. Cox. From a judgment overruling demurrers to the bill, this appeal is prosecuted.
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Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill to redeem mortgaged land by the firm of Trigg, Dobbs & Co. against H. B. Greemvood, Sara E. Greenwood, and Thomas A. Cox. From a judgment overruling demurrers to the bill, this appeal is prosecuted. The case made by the bill is that on the 8th day of October, 1897, the complainant recovered a judgment in the circuit court of Marshall county against Greenwood in the sum of $29.70, together with the cost, and on the 8th day of December, 1904, a certificate of said judgment was duly filed and recorded in the office of the…
1Opinion of the CourtDowdell, J.
Recorded judgments operate as a lien only upon land situated in the county where recorded — Civ. Code 1896, § 1921; Acts 1903, p. 273. To entitle complainants to redeem, it must appear they have a lien upon the land described in the bill.- — Kelly v. Longshore, 78 Ala. 203. The bill nowhere shows that the lands described are situate in Marshall county, where the judgment was recorded.
The averment in the bill that said lands are subject to the lien created by the judament is but the averment *489of a conclusion of the pleader. — Collier v. White, 97 Ala. 615, 12 South. 385. The decree of the…
2Cases cited2 opinions
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Collier v. WhiteSupreme Court of Alabama · 1892
3Cited by2 opinions
- Saenger Theatres Corporation v. McDermottSupreme Court of Alabama · 1940
- Pope v. Gordon (In Re Camp)United States Bankruptcy Court, N.D. Alabama · 2004